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Separation/Termination/Resignation
Whenever an employee is separated from employment, there are specific legal
considerations and regulations that all employers need to take into account.
After all, employers not only have to be prepared to manage disgruntled
employees that claim that they were discriminated against or treated
unfairly, but they also have to be sure that they always give employees
proper notification of the termination.
State law determines whether or not an employee is at fault for his or her
unemployment. When an employee is terminated or unemployed through no fault
of their own, employers need to provide employees with information about
Unemployment Insurance for that State, according to the
Federal-State Unemployment Insurance Program.
Regardless of whether the employee was separated due to his or her own resignation,
termination, temporary circumstances, or otherwise, employers need
to be aware of their specific state separation requirements.
For example, employers in states such as New York, New Jersey, Tennessee,
Michigan and Nevada are required to provide employees with a Separation
Form that provides separated employees with information about Unemployment
Compensation and how to file a claim.
While many states have requirements for employee notification of a lay-off
or termination, the federal Fair Labor Standards Act (FLSA)
does not require that employers notify employees in advance of a termination
or a lay-off, but employers may be required to give notice to employees
if there is a mass layoff or plant closure. Employers should read the Warn
Act for specific federal information pertaining to mass layoffs
and terminations.
According to the U.S. Department of Labor, there are specific notifications
that employers should also provide terminated employees, including
information about the Consolidated Omnibus Budget Reconciliation
Act (COBRA) and the Health Insurance Portability and Accountability
Act (HIPAA).
The LaborLawCenter™ maintains a collection of state required separation forms for
businesses to use upon separation.
Please see below for your state specific separation forms:
Other documents to consider when administering a separation, termination, or resignation could be:
- Employee Performance forms that may be necessary
if an employee is terminated, including a Detailed Absence Report form,
Employee Counseling Report, Employee Final Warning Notice, Employee Performance Evaluation, and Performance Improvement Plan forms.
- All Family and Medical Leave Act forms, including
the Employee Request for FMLA Leave, FMLA Administrator Worksheets,
FMLA Leave Management, and Response to Request for FMLA Leave forms.
- Harassment and Accident Report Forms required by
the Occupational Safety and Health Administration as well as the U.S.
Department of Labor, including the Accident and Injury Report Form,
Alleged Harasser form, and Harassment Incident Report Form.
- Employee Resignation forms, including both single-sheet
and carbonless options.
- Exit Interview Questions Form.
- Separation Checklist forms, including both single-sheet and carbonless options.
- Uniformed Services Employment and Reemployment Rights
forms and information.
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